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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`———————
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`———————
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`GOOGLE LLC.,
`Petitioner
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`v.
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`RFCyber Corp.,
`Patent Owner
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`———————
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`U.S. Patent No. 9,240,009
`IPR2021-00956
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`PETITIONER’S REQUEST FOR REFUND OF POST-INSTITUTION FEES
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`Petitioner’s Request for Refund of Post-Institution Fees
`IPR2021-00956 / Patent No. 9,240,009
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`
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`Petitioner Google LLC (“Petitioner”) hereby files its request for a refund of
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`
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`$22,500.00 for the post-institution fee, which was previously paid, comprising the
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`$22,500.00 inter partes review post-institution claim fee for up to twenty (20)
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`claims.
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`On May 19, 2021, Petitioner filed a petition for inter partes review of U.S.
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`Patent No. 9,240,009 and paid the USPTO a total of $41,500.00, which included a
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`$19,000.00 payment for the inter partes review request fee and a $22,500.00
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`payment for the post-institution fee.
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`The parties have resolved their dispute regarding U.S. Patent 9,240,009 and
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`filed a Joint Motion to Dismiss Inter Partes Petition on October 19, 2021 (Paper 10).
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`On October 20, 2021 the Board entered a Decision – Granting Joint Motion to
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`Terminate Due to Settlement Prior to Institution (Paper No. 12). Accordingly, the
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`inter partes review was never instituted.
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`Therefore, because the petition to institute inter partes review was filed after
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`March 19, 2013, and the proceeding did not institute, Petitioner is entitled to request
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`a refund of the post-institution fee that was previously paid. See, e.g., 78 FR 4233
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`(Jan. 18, 2013)
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`available
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`at http://www.gpo.gov/fdsys/pkg/FR-2013-01-
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`18/pdf/2013-00819.pdf (“The entire post-institution fee would be returned to the
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`petitioner if the Office does not institute a review.”).
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`1
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`Petitioner’s Request for Refund of Post-Institution Fees
`IPR2021-00956 / Patent No. 9,240,009
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`
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`Petitioner hereby requests a refund of the $22,500.00 post-institution fee
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`
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`previously paid by Petitioner. The refund may be deposited in Deposit Account No.
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`08-1394 of Haynes and Boone, LLP under attorney reference number
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`42117.93R009.
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`Dated: October 20, 2021
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`Respectfully submitted,
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`
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`/Andrew S. Ehmke /
`Andrew S. Ehmke
`Registration No. 50,271
`Lead Counsel for Petitioner
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`2
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`Petitioner’s Request for Refund of Post-Institution Fees
`IPR2021-00956 / Patent No. 9,240,009
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`
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`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that a true and
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`correct copy of the foregoing “PETITIONER’S REQUEST FOR REFUND OF
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`POST-INSTITUTION FEES” was served on the Patent Owner as detailed below:
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`Date of service October 20, 2021
`Manner of service Electronic Service: vrubino@fabricantllp.com;
` plambrianakos@fabricantllp.com;
` ffabricant@fabricantllp.com;
` eiturralde@fabricantllp.com;
` rcowell@fabricantllp.com
` ptab@fabricantllp.com
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`Documents served PETITIONER’S REQUEST FOR REFUND OF POST-
`INSTITUTION FEES
`Persons Served Vincent J. Rubino, III
`Peter Lambrianakos
`Alfred R. Fabricant (subject to motion to appear pro hac vice)
`Enrique W. Iturralde
`Richard Cowell
`FABRICANT LLP
`411 Theodore Fremd Road, Suite 206 South
`Rye, New York 10580
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`Respectfully submitted,
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`/Andrew S. Ehmke/
`Andrew S. Ehmke
`Lead Counsel for Petitioner
`Registration No. 50,271
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`3
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